Lake Shore
Hosp Authority

Part I: The run-up to the
Governor's Board vote

Posted February 11, 2015 12:20 pm

By Stew Lilker

COLUMBIA COUNTY/LAKE
CITY, FL – Beginning on December 3, 2014, Governor
Scott's Lake Shore Hospital Authority Board and the Lake
City Police Department have been on a hunt for a
purported perpetrator, who according to Authority
Chieftain and Republican operative, Jackson P. "Jack"
Berry, represented the Hospital Authority. On Monday
night, February 9, 2015, the Scott Board voted to turn
the fruits of the LCPD Greear investigation over to the
Third Circuit's State Attorney, Jeff Siegmeister, for
prosecution, a decision which rests solely in his hands.

Background

On December 8, 2014, Hospital Authority Manager Berry
claimed that a "Guardian Angel" posted an ad on
Craigslist and impersonated the Hospital Authority. He
said he turned the information over to "law
enforcement." The police incident report clearly stated
that no evidence was turned over to the LCPD.

During the December 8 meeting, Manager Berry also
told the Authority Board, "They referred it to our
website with my email address." Manager Berry's email
address is
Jack@lakeshoreha.org. That email address is not in
any Craigslist posting that the Observer was able to
locate.

This advertisement was posted on Craigslist. It mentions
the Hosp Auth agenda and gives the website address. It
mentions information directly from the Auth Agenda, as
seen below.

January 8, 2015: LCPD Chief Gilmore

A month after the investigation began, your reporter
spoke with LCPD Chief Gilmore.

Chief Gilmore explained that the LCPD was
investigating and would determine if the incident was
noncriminal or criminal.

The Chief said, "We look at all elements of the
issues of the incident and we make a determination if a
criminal violation has occurred. That's what we are
doing. Investigation means that we're looking into every
angle; into every aspect of an incident that has been
reported to us."

On December 9, 2014, in response to a public records
request by the Observer, Manager Berry wrote: "In
response to your public records request, I have turned
all material concerning this matter over to Law
Enforcement Agency."

Your reporter questioned the fact that the police
report said there was no evidence provided to the LCPD,
while Manager Berry said he turned over all evidence to
the police.

The Chief said, "Even though the primary officer
maybe did not collect anything right then, it does not
mean that once an investigator gets this that there are
additional evidence or additional reports or additional
whatever that he can be looking into."

Your reporter explained to the Chief that the
Observer published the Craigslist postings and that the
case was initially labeled non-criminal. Your reporter
directed the Chief to the article and advised that she
could see what was posted on Craigslist.

There was a brief pause in the conversation.

Chief Gilmore said she just received more information
and the investigator did label the case non-criminal.
The Chief said the investigator went to the State
Attorney's office and they looked at what he had and it
was determined there were additional steps that he could
take.

The Chief continued, "As a result of that review and
getting that information from the State Attorney's
Office, that's why the investigation is continuing,
because the prosecutor in the State Attorney's Office
gave him [LCPD investigator Greear] additional review or
fact-finding for this investigation."

Chief Gilmore explained that the LCPD uses the State
Attorney to determine if something is "criminal
activity."

The Chief said, "I don't want you to twist my words.
They gave us guidance with another investigative step
that we wanted to use... We are still continuing the
investigation."

Without seeing the evidence: "Charges would be
sought"

David
Lee Greear is the investigator for the LCPD. His final
investigative report is revealing. (click the pdf image)

The responses
received by the Authority represented considerable
savings for web design work that Berry
had privately arranged.

On Dec. 3, 2014 Lt. [John] Stock advised Greear to
contact Jack Berry "in reference to some emails he
received in reference to an add on Craigslist that he
did not post. It was further stated that an unknown
person had posed as the Lake Shore Hospital Authority,
and inturn [sic] numerous responses were received."

Berry told Greear that he had the "post" taken down.
Then Greear stated, "I later looked on line and could
not find the post itself."

It appears that Manager Berry, who has demonstrated
limited computer skills, did not save the Craigslist
posting and that neither he nor Greear could find it.

Nowhere in the report narrative does it state the Greear
ever came into possession of the postings that Manager
Berry claimed represented the Authority or him.

Greear's December 3 narrative continued: "I later
spoke to Jack Berry and he was advised that the post had
been removed. I was told that he would like to know the
origin. I then articulated that charges would ultimately
be sought if a suspect was identified."

Between December 31, 2014, and January 21, 2015,
Greear subpoenaed Craigslist and Comcast for the ID of
the person who made the post.

On January 28, 2015, Greear wrote: a fax was received
that advised the subscriber name was identified as
Barbara Lemley, and her local address was also provided.

On January 29, Greear went to the State Attorney
again and 'had a meeting with several attorney's [sic].
As this incident was discussed it was revealed that the
incident at hand is within the criteria of "cyber
stalking" [sic]

On Friday, January 30, Greear went to Ms. Lemley's
home. He "explained to the Lemley subject that I was
working a criminal case and that I need information from
her."

Ms. Lemley told him she was going out of town. Greear
said he would come back on Monday, February 2.

According to Ms. Lemley, "Sometime after he left I
called the LCPD and told the dispatcher I didn't want
him to come back. I was told Greear would get the
message."

On February 2, Greear returned to Ms. Lemley's
house.

On February 3, Ms. Lemley received a certified letter
which stated the following:

This letter is to inform you that you have been
identified as a suspect in a criminal investigation with
the Lake City Police Department. The criminal
investigation has resulted in a complainant affidavit
being forwarded to the State Attorney’s Office for
review. The charges being filed against you is for cyber
stalking. If you are interested in providing a sworn
statement referencing the current evidence complied
against you, please contact my office (386)752-4343.

The final disposition in this case
will be determined by the State Attorney’s Office.
(emphasis added by the Observer)

On February 4, Greear wrote: I made contact with the
Jack Berry subject and he was advised of my findings. I
was then told that after considering the facts,he [sic]
felt the best way to address the issue at hand, was
present this matter to the Board of Trustees and that
they would vote on whether or not they wanted to have
this matter forwarded to the State Attorney's office for
review. I was advised that the final decision should be
made by the board and not an individual.